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HomeMy WebLinkAbout0.0 - AgendaCITY OF NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, JANUARY 23, 2014 REGULAR MEETING — 6:30 p.m. BRADLEY HILLGREN Chair LARRY TUCKER KORY KRAMER Vice Chair Secretary FRED AMERI TIM BROWN RAYMOND LAWLER JAY MYERS Planning Commissioners are citizens of Newport Beach who volunteer to serve on the Planning Commission. They were appointed by the City Council by majority vote for 4 -year terms. At the table in front are City staff members who are here to advise the Commission during the meeting. They are: KIMBERLY BRANDT, Community Development Director BRENDA WISNESKI, Deputy Community Development Director LEONIE MULVIHILL, Assistant City Attorney TONY BRINE, City Traffic Engineer MARLENE BURNS, Administrative Assistant NOTICE TO THE PUBLIC Regular meetings of the Planning Commission are held on the Thursdays preceding second and fourth Tuesdays of each month at 6:30 p.m. The agendas, minutes, and staff reports are available on the City's web site at: http: /fwwvv.newportbeachca.gov and for public inspection in the Community Development Department, Planning Division located at 100 Civic Center Drive, during normal business hours. If you have any questions or require copies of any of the staff reports or other documentation, please contact the Community Development Department, Planning Division staff at (949) 644 -3200. This Commission is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the Commission's agenda be posted at least 72 hours in advance of each meeting and that the public be allowed to comment on agenda items before the Commission and items not on the agenda but are within the subject matter jurisdiction of the Commission. The Commission may limit public comments to a reasonable amount of time, generally three (3) minutes per person. All testimony given before the Planning Commission is recorded. It is the intention of the City of Newport Beach to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant of this meeting, you will need special assistance beyond what is normally provided, the City of Newport Beach will attempt to accommodate you in every reasonable manner. Please contact Leilani Brown, City Clerk, at least 72 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (949- 644 -3005 or Ibrown @newportbeachca.gov). APPEAL PERIOD: Use Permit, Variance, Site Plan Review, and Modification Permit applications do not become effective until 14 days following the date of approval, during which time an appeal may be filed with the City Clerk in accordance with the provisions of the Newport Beach Municipal Code. Tentative Tract Map, Tentative Parcel Map, Lot Merger, and Lot Line Adjustment applications do not become effective until 10 days following the date of approval, during which time an appeal may be filed with the City Clerk in accordance with the provisions of the Newport Beach Municipal Code. General Plan and Zoning Amendments are automatically forwarded to the City Council for final action. 1 of 4 NEWPORT BEACH PLANNING COMMISSION AGENDA CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE THURSDAY, JANUARY 23, 2014 REGULAR MEETING — 6:30 p.m. CALL TO ORDER 11. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. PUBLIC COMMENTS Public comments are invited on non - agenda items generally considered to be within the subject matter jurisdiction of the Planning Commission. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record and print your name on the blue forms provided at the podium. V. REQUEST FOR CONTINUANCES VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF DECEMBER 19, 2013 Recommended Action: Approve and file VII. PUBLIC HEARING ITEMS Speakers must limit comments to three (3) minutes on all items. Before speaking, please state your name for the record and print your name on the blue forms provided at the podium. If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues, which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. ITEM NO. 2 JAMBOREE SHELL GAS STATION (PA2011 -154) Site Location: 1600 Jamboree Street Summary: Amend the existing conditional use permit to expand a convenience store and create a storage area into vacated vehicle service bays at an existing service station. The request also proposes the addition of a Type 20 (Off Sale Beer & Wine) ABC license. Project implementation would provide additional landscaping. The existing underground storage tanks, service islands, canopies, and hydrogen fueling station will remain. CEQA Compliance: The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The project is a minor alteration and involves a negligible expansion of use for the existing gas station. Recommended Action: 1. Conduct public hearing; and 2. Adopt Resolution No. _approving Conditional Use Permit No. UP2011 -028. 2 of 4 ITEM NO. 3 NEWPORT JEWISH CENTER (PA2013 -206) Site Location: 2240 University Drive Summary: The applicant proposes to convert the second floor of an existing two -story office building into a religious facility. A conditional use permit is required to allow the assembly use, and to establish a parking management plan allowing for joint use of the common area parking lot during evenings and weekends. CEQA Compliance: The project is categorically exempt under Section 15301, of the California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The proposed project is limited to interior improvements to convert a previous office use to an assembly use and involves no expansion in floor area. Recommended Action: 1. Conduct public hearing; and 2. Adopt Resolution No. approving Conditional Use Permit No. UP2013 -023. ITEM NO.4 NEWPORT HARBOR YACHT CLUB (PA2012 -091) Site Location: 720 West Bay Avenue, 800 West Bay Avenue, 711 -721 West Bay Avenue, and 710 -720 West Balboa Boulevard Summary: The proposed project consists of the demolition of the 19,234- square -foot yacht club facility and construction of a 23,163- square -foot facility. To implement the project, a General Plan Amendment, Coastal Land Use Plan Amendment, Zoning Code Amendment, Minor Use Permit, and Planned Development Permit are needed to authorize the yacht club use, square footage increase, additional height, parking, and land use designations for certain properties currently being used for boat storage and parking. Should the project be approved, the Planning Commission recommendation will be forwarded to the City Council for the final review and action. CEQA Compliance: the project is categorically exempt under Section 15302, of the CEQA Guidelines - Class 2 (Replacement or Reconstruction), which exempts the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Recommended Action: 1. Conduct public hearing; and 2. Adopt Resolution No. _ recommending City Council approval of: • General Plan Amendment No. GP2012 -003, • Coastal Land Use Plan Amendment No. LC2012 -003, • Zoning Code Amendment No. CA 2012 -006, • Minor Use Permit No. UP2012 -016, and • Planned Development Permit No. PL2012 -002. 3 of 4 Vllll IX. ITEM NO. 5 VALLELY MIXED USE (PA2013 -185) Site Location: 508 South Bay Front Summary: The applicant requests approval of a Site Development Review to allow the construction of a three - story, mixed -use structure. The project would consist of 765 square feet of commercial use, one commercial parking space, and a 459 - square -foot residential garage on the first floor, and a 1,942 - square -foot residence above. The requests also includes a Conditional Use Permit for a reduction of the off - street parking requirement for the commercial use, and a Variance to deviate from the minimum nonresidential floor area requirement and maximum residential floor area limit. CEQA Compliance: The project is categorically exempt under Section 15303, of the California Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or Conversion of Small Structures), which exempts the construction of limited numbers of new, small facilities or structures, including single -unit residences and offices up to 2,500 square feet in an urbanized area. Recommended Action: 1. Conduct public hearing; and 2. Adopt Resolution No. — approving Site Development Review No. SD2013 -004, Conditional Use Permit No. UP2013 -018, and Variance No. VA2013 -009. STAFF AND COMMISSIONER ITEMS ITEM NO. 6 MOTION FOR RECONSIDERATION ITEM NO. 7 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT Committee Updates: 1. Land Use Element Amendment Advisory Committee 2. General Plan /Local Coastal Program Implementation Committee ITEM NO. 8 ANNOUNCEMENTS ON MATTERS THAT THE PLANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION, OR REPORT ITEM NO. 9 REQUESTS FOR EXCUSED ABSENCES ADJOURNMENT 4of4 Correspondence Item No. O.Od Public Comments 01/23/14 January 23, 2014, Planning Commission Agenda Comments Comments by: Jim Mosher ( jimmosheravahoo.com ), 2210 Private Road, Newport Beach 92660 (949- 548- 6229). Item No. 1 Minutes of December 19, 2013 The following minor corrections to the draft minutes are suggested: Page 4, paragraph 11, sentence 3: "... the Orange County Sanitation District pumping station, Page 5, paragraph 3: "Phillip -Beta ncour t Philip Bettencourt spoke in support of the project Page 5, paragraph 4 from end, sentence 2: "He referenced a letter from the Coast Keeper Coastkeeper organization noting their environmental concerns related to a project." Page 6, line 1: "John €-rskin Erskine responded regarding the view blockage ..." Page 7, paragraph 2: "Vice Chair Tucker commented on the letter from Coast Keepers Coastkeeper and asked Mr. Crook to address it." Page 7, paragraph 3: "Mr. Crook highlighted the issues raised by C^°°�oo�*t Keepers Coastkeeper along with the related responses." Page 7, paragraph 4 from end: "Vice Chair Tucker commented on personal and restricted services and the need to treat all restricted -type uses, equally by either prohibiting them all or allowing them with minor use permits." [delete unnecessary & misplaced comma — could go after "equally" but not before] Page 7, paragraph 2 from end: "Assistant City Attorney Mulvihill stated that her office recommends treating like uses, similarly, under the Code." [delete unnecessary & confusing commas] Page 8, paragraph 5: "Pat Fusco Fuscoe Fusco Fuscoe Engineering, commented on riprap Page 8, paragraph 6 from end: "Vice Chair Tucker suggested changes to Paragraph lll, Page 7 of the draft Planned Community Development Plan striking out the reference to bar, lounge, and nightclub; ..." Page 8, paragraph 4 from end: "Motion made by Vice Chair Tucker and seconded by Commissioner Brown to adopt a resolution N! o. 1 recommending to the Council approval of ..." [it would seem helpful to insert the number of the resolution if it is now known] Page 8, paragraph 2 from end: "John rmrskin Erskine stated that in general, ..." January 23, 2014, PC agenda item 1 comments - Jim Mosher Page 2 of 2 Page 9, line 1: "Mr. € -rskin Erskine noted that Page 9, line 2: "Gordon Craig reiterated that the desire to have the flexibility to address specific uses in the future through the conditional use permit process." Page 9, paragraph 8: "John Erskin Erskine commented on arcades and theaters" Page 9, last paragraph: "Jim Mosher thanked City staff for not caving in to all the requests made by the industry. He pointed out that the draft weulel ordinance had been Promised to be available for review promptly but that it was not available until December 9, 2013. Additionally, he reported that the Ninth Circuit Court of Appeals lssi:er recently issued an opinion on a case related to a lawsuit by ,- T- Mobil T- Mobile against the City of Huntington Beach and the latter's denial of placing a cell site on a public park. The Court of Appeals opined that it is the City's right to refuse installation on public property. He reiterated concerns regarding impacts on private views, the lack of a menu of items that was to be provided by the applicant, that public outreach needs to happen at the beginning of the process, and Class 1 installations being approved via a Zoning WeaFanGe Clearance." Note: On page 10, under Item 7, the first paragraph mentions Vice Chair Tucker's request for additional information about the retention of Planning Commission meeting audio recordings to be brought back "at the next Planning Commission meeting." I don't see that matter agendized for discussion on January 23rd.